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TERMS & CONDITIONS
LEGAL NOTICE
©2005-2012 Optimally Organic., ALL RIGHTS RESERVED. Please refer to the legal notice below for terms of use.
This site is owned and operated by Optimally Organic The website address is www.optimallyorganic.com. The
USA mailing address for the Optimally Organic is: 4607 Lakeview Canyon Rd, Suite
#384, Westlake Village, CA 91361.
As a user of this web site, you agree that your access to and use of this web
site are subject to the Terms and Conditions set forth in this Agreement and all
applicable laws, and that any such access or use is undertaken at your own risk.
These terms and conditions are further subject to change at any time without
prior notice. Any such changes will be reflected in this Terms and Conditions
area of the Optimally Organic web site.
SITE CONTENT
All content, graphics, code and software used on or incorporated into this
web site, and the arrangement or integration of all such content, graphics, code
and software, are subject to copyrights held by or licensed to Optimally Organic
and all rights thereto are specifically reserved. Permission is granted to
electronically copy and print hard copies of pages from this web site solely for
personal, non-commercial purposes related to the placement of an order or
shopping with Optimally Organic Any other use of this web site or content or
information contained in this web site is strictly prohibited, unless the
written permission of Optimally Organic first is obtained.
RELATED COPYRIGHTS & TRADEMARKS
www.optimallyorganic.com and Optimally Organic, Fulvic Ionic Minerals product
name, as well as page headers,
custom graphics, buttons, images and other content on this web site, are subject
to trademark, service mark, trade dress, copyright and or other proprietary or
intellectual property rights or licenses held by Optimally Organic Other trademarks, product names and company names or logos used on this web site are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or content from this web site is strictly prohibited.
DISCLAIMERS
This web site may contain typographical errors or inaccuracies and may not be
complete or current. Optimally Organic therefore reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability. We apologize for any inconvenience.
This web site, and any information or content on this web site, are provided
"as is" with all faults. Optimally Organic makes no representations or
warranties of any kind, whether express or implied, with respect to this web
site or content or information available on or through this website. Except as
otherwise provided under applicable laws, neither Optimally Organic nor its
affiliates, nor the directors, officers, employees, agents, contractors,
successors or assigns of each, shall be liable for any damages whatsoever
arising out of or related to the use of this web site or any other web site
linked to this web site. This limitation of liability applies to direct,
indirect, sequential, special, punitive, or other damages you or others may
suffer, as well as damages for lost profits, business interruption or the loss
of data or information, even if Optimally Organic is notified in advance of the potential for any such damages.
Optimally Organic does not make any representations or warranties about any
web site you may access through this web site. Any such web site is independent
from Optimally Organic and Optimally Organic has no control over, or responsibility with respect to, the information provided or activities undertaken by any such web site. A link between www.optimallyorganic.com
and another web site further does not mean that Optimally Organic endorses that web site. You need to make your own independent decisions regarding your interactions or communications with any other web site.
PRIVACY POLICY
At Optimally Organic we respect our customers and understand that you are
concerned about privacy, so we've instituted policies intended to ensure that
your personal information is handled safely and responsibly. We collect
information automatically about your visit to our site. The information obtained
includes demographic data and browsing patterns and is used in aggregate form to
build our internal marketing profiles, aid strategic development, manage
relationship with advertisers and audit usage of site. Any information collected
will be for the internal use for stats purpose only. It will never be given,
lent, rented, bartered or sold to any third party outside of Optimally Organic
or its affiliates, except that we may disclose personal information when
required by law or in the good-faith belief that we must disclose such
information in order to conform to the law or comply with a subpoena or other
formal request. Optimally Organic may provide aggregate statistics about our customers, sales, traffic patterns and related information to reputable third parties, but these statistics will NOT include any personal identifying information. As we continue to develop our web site and take advantage of technologies to improve the services we provide, this policy may change without any notice to you, but will be updated on this web site.
SHIPPING & DELIVERY
We make every effort to package and ship all orders within 24 to 48 hours. At
this time, Optimally Organic, charges for shipping merchandise to International locations as well as Alaska, Hawaii, Puerto Rico, Guam and the US Virgin Islands. These orders can be placed by selecting "International Shipping" to their respective location in the Shopping Cart, or by calling (252) 491-2012. The risk of loss and title for all merchandise ordered on this web site passes to you when the merchandise is delivered to the shipping carrier. Please allow up to 14 days for your order to be packaged and picked up by the agreed upon shipping carrier, excluding weekends & holidays. It may take the mail carrier between 9 - 21 business days to deliver your package excluding weekends & holidays. Please contact us if you have not received your products after 14 business days from placing your order, excluding weekends & holidays. We will personally track your order for you so every customer. If there are questions or concerns about your shipment, please include your name & Order Number. *Worldwide flat rate shipping to most countries and to most areas and territories in verified countries.
RETURN/REFUND/EXCHANGE POLICY
We make every effort to ensure every order is packaged correctly. If,
however, you receive your package and it does not contain exactly what you
ordered, we will immediately correct any error made. Because we are dealing with
raw food supplements, All Sales are Final and we do not provide refunds,
exchanges or returns. This policy is in effect due to the perishable nature of
our organic products and to protect the integrity of our Organic Whole Foods and
related accessories from any contamination and/or product tampering. If an
order is refused/delivery is not accepted, will be credited for the amount of
your order less a 30% restocking fee and actual cost of freight/shipping and handling.
SALES TAX
Optimally Organic does not charge/collect sales tax.
DISPUTE RESOLUTION
Any dispute relating in any way to your visit to www.optimallyorganic.com, or
any other Optimally Organic web site shall be submitted to confidential
mediation in the country of Dominica except that, to the extent you have in any
manner violated or threatened to violate Optimally Organic intellectual property
rights, Optimally Organic may seek injunctive or other appropriate relief in any state or federal court in the state of
California, and you consent to exclusive jurisdiction and venue in such courts. In the event mediation is unsuccessful, then such dispute shall be arbitrated in
Orange County, CA. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class
arbitration on proceedings or otherwise.
MISCELLANEOUS
Optimally Organic and its subsidiaries reserve the right to refuse service,
terminate accounts and/or cancel orders at its discretion, including, but not
limited to, if Optimally Organic believes customer conduct violates applicable
law or is harmful to the interests of Optimally Organic and its subsidiaries.
The Content included in this web site has been compiled from a variety of
sources and is subject to change without notice as are any products, programs,
offerings, or technical information described in this web site. Optimally
Organic makes no representation or warranty whatsoever regarding the
completeness, quality, or adequacy of the Web site or Content, or the
suitability, functionality, or operation of this Web site or Content. By using
this web site, you assume the risk the Content on this web site may be
inaccurate, incomplete, offensive, or may not meet your needs and requirements.
Optimally Organic SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THESE WEB PAGES AND
CONTENT. IN NO EVENT Optimally Organic, Inc. BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF COMPANY HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. -- OR Depending on State -- The information
and content on this server is provided "as is" with no warranty of any kind,
either express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose, and non-infringement. Any
warranty that is provided in connection with any of the products and services
described on this web site is provided by the advertiser or manufacturer only,
and not by Optimally Organic. The references and descriptions of products or
services within the web site materials are provided "as is" without any warranty
of any kind, either express or implied. Optimally Organic is not liable for any
damages, including any consequential damages, of any kind that may result to the
user from the use of the materials on this Web site or of any of the products or
services described hereon. The descriptions of, and references to, products,
services and companies on this Web site are the sole responsibility of the
companies providing the information ("advertisers"), and not Optimally Organic
The inclusion of material on this server does not imply any endorsement by
Optimally Organic which makes no warranty of any kind with respect to the
subject matter of the server materials advertised. A possibility exists that the
server materials could include inaccuracies or errors. Additionally, a
possibility exists that unauthorized additions, deletions, and alterations could
be made by third parties to the server materials. Although Optimally Organic tries to ensure the integrity and the accurateness of the server materials, it makes no guarantees about their correctness or accuracy. Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.
PRIVACY POLICY
What information do we collect?
We collect information from you when you register on our site or place an order.
Any data we request that is not required will be specified as voluntary or
optional.
When ordering or registering on our site, as appropriate, you may be asked to
enter your: e-mail address, mailing address, phone number or credit card
information. You may, however, visit our site anonymously.
Like most websites, we use cookies to enhance your experience, gather general
visitor information, and track visits to our website. Please refer to the 'do we
use cookies?' section below for information about cookies and how we use them.
What do we use your information for?
Any of the information we collect from you may be used in one of the
following ways:
To improve our website
(we continually strive to improve our website offerings based on the information
and feedback we receive from you)
To improve customer service
(your information helps us to more effectively respond to your customer service
requests and support needs)
To process transactions
Your information, whether public or private, will not be sold, exchanged,
transferred, or given to any other company for any reason whatsoever, without
your consent, other than for the express purpose of delivering the purchased
product or service requested by the customer.
To send periodic emails
The email address you provide for order processing, may be used to send you
information and updates pertaining to your order or request, in addition to
receiving occasional company news, updates, promotions, related product or
service information, etc.
The e-mail is for log in purposes only and will not be used for any other
purpose except to log in to your account, or your email will be used to receive
promotional e-mails or newsletters, in which case they will need instructions in
your privacy policy on how to opt-out.
Note: If at any time you would like to unsubscribe from receiving future emails,
we include detailed unsubscribe instructions at the bottom of each email.
To administer a contest, promotion, survey or other site feature
How do we protect your information?
We implement a variety of security measures to maintain the safety of your
personal information when you submit a request, place an order or access your
personal information.
These security measures include: password protected directories and databases
to safeguard your information, SSL (Secure Sockets Layered) technology to ensure
that your information is fully encrypted and sent across the Internet securely
or PCI Scanning to actively protect our servers from hackers and other
vulnerabilities.
We offer the use of a secure server. All supplied sensitive/credit information
is transmitted via Secure Socket Layer (SSL) technology and then encrypted into
our Database to be only accessed by those authorized with special access rights
to our systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security
numbers, financials, etc.) will not be stored on our servers.
Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to
your computers hard drive through your Web browser (if you allow) that enables
the sites or service providers systems to recognize your browser and capture and
remember certain information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your
personally identifiable information. This does not include trusted third parties
who assist us in operating our website, conducting our business, or servicing
you, so long as those parties agree to keep this information confidential. We
may also release your information when we believe release is appropriate to
comply with the law, enforce our site policies, or protect ours or others'
rights, property, or safety. However, non-personally identifiable visitor
information may be provided to other parties for marketing, advertising, or
other uses.
California Online Privacy Protection Act Compliance
Because we value your privacy we have taken the necessary precautions to be
in compliance with the California Online Privacy Protection Act. We therefore
will not distribute your personal information to outside parties without your
consent.
Childrens Online Privacy Protection Act Compliance
We are in compliance with the requirements of COPPA (Childrens Online Privacy
Protection Act), we do not collect any information from anyone under 13 years of
age. Our website, products and services are all directed to people who are at
least 13 years old or older.
CAN-SPAM Compliance
We have taken the necessary steps to ensure that we are compliant with the
CAN-SPAM Act of 2003 by never sending out misleading information.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our
website and not to information collected offline.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use,
disclaimers, and limitations of liability governing the use of our website at
http://shop.optimallyorganic.com/termsandconditions.sc;jsessionid=09F1C8093815EE21E6D8E2022B2515A0.qscstrfrnt03.
Your Consent
By using our site, you consent to our privacy policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this
page, and/or update the Privacy Policy modification date below. Policy changes
will apply only to information collected after the date of the change.
This policy was last modified on 01/23/2012
VOID WHERE PROHIBITED: Although the information on this Web site is
accessible worldwide, not all products or services discussed in this web site
are available to all persons or in all geographic locations or jurisdictions.
Optimally Organic and the advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction they so desire and to limit the quantities of any products or services that they provide. Any offer for any product or service made in the materials on this web site is void where prohibited.
The Terms and Conditions constitute the entire agreement between you and
Optimally Organic with respect to this web site. The Terms and Conditions
supersede all prior or contemporaneous communications and proposals, whether
electronic, oral or written between you and Optimally Organic with respect to
this web site. No modification of the Terms and Conditions shall be effective
unless it is authorized by Optimally Organic If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
YOUR SUBMISSIONS
Optimally Organic does not want to receive confidential, proprietary, or trade secret information through this web site (excluding information related to any order you submit). Please note that any information, materials, suggestions, ideas, or comments sent to www.optimallyorganic.com
will be deemed non-confidential, and, by submitting any such information, you
are granting Optimally Organic an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such materials, information, suggestions, ideas, or comments for any purpose whatsoever. Please know, however, that we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so. If you have any questions concerning an email submission, please contact us.
For more information on Optimally Organic Terms and Conditions, please call us Monday through Friday between
9:00 a.m. and 3:00 p.m. Pacific Time at (818) 292-8809.
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